James Ker-Lindsay: Legal or not, this has not solved issue of recognition

Share
Related Topics

While they will be celebrating in Pristina, and there is no doubt that in a broad sense this is a victory for Kosovo, yesterday's ruling opinion is far more complex.

The issue that this International Court of Justice (made up of the 15 most eminent jurors in the world) did not touch upon – and the one that ultimately matters – is the question of recognition. Recognition is important because it means entry into the community of nations, access to global trading treaties and the United Nations.

In reality we're not a lot further on this morning from where we were 24 hours ago. The countries that didn't want to recognise Kosovo will still not have to do so. However, in another sense, the ruling does have real significance in as much as it seems to get Russia off the hook over South Ossetia and Abkhazia. The two territories are claimed by Georgia but have both declared independence and been recognised by Russia. With this ruling, Russia can now say their declarations were not illegal, and that it has the sovereign right to recognise these territories, just as the US, Britain, France, Germany and other EU states have recognised Kosovo.

The danger is that we're looking at what we might call secondary states; sphere states that depend on others. Kosovo looks to the EU and the US; South Ossetia looks to Moscow.

For some countries that are very worried about secession – such as Cyprus, Georgia and Moldova – they will take some comfort from this ruling because it doesn't say secession is legal. What this ruling means for separatist groups around the world is they are now much freer to make the declaration and try their luck.

But good luck to them on getting recognition. 2008 was not the first time that Kosovo had declared independence. It did so in the early 1990s, when it was recognised only by Albania. Ultimately if Kosovo wants to join the UN, it will have to find a way to satisfy Russia. Something will therefore have to be sorted out between Serbia and Kosovo. We've tried the legal route and yesterday that provided its answer. What still needs to be found is a lasting and viable political solution that solves the matter once and for all.

Dr James Ker-Lindsay is a senior research fellow at the London School of Economics and a specialist on conflict, peace and security

React Now

Latest stories from i100
Have you tried new the Independent Digital Edition apps?
iJobs Job Widget
iJobs General

Quantitative Analyst (Financial Services, Graduate, SQL, VBA)

£45000 per annum: Harrington Starr: Quantitative Analyst (Financial Services, ...

Application Support Engineer (C++, .NET, VB, Perl, Bash, SQL)

Negotiable: Harrington Starr: Application Support Engineer (C++, .NET, VB, Per...

C# .NET Software Developer (Client-Side, SQL, VB6, WinForms)

Negotiable: Harrington Starr: C# .NET Software Developer (Client-Side, SQL, VB...

C# Developer (Genetic Algorithms, .NET 4.5, TDD, SQL, AI)

£40000 - £60000 per annum + Benefits + Bonus: Harrington Starr: C# Developer (...

Day In a Page

Read Next
Jihadist militants leading away captured Iraqi soldiers in Tikrit, Iraq, in June  

Middle East crisis: We know all too much about the cruelty of Isis – but all too little about who they are

Robert Fisk
India's philosopher, environmental activist, author and eco feminist Vandana Shiva arrives to give a press conference focused on genetically modified seeds on October 10, 2012  

Meet Vandana Shiva: The deserving heir to Mahatma Ghandi's legacy

Peter Popham
Middle East crisis: We know all too much about the cruelty of Isis – but all too little about who they are

We know all too much about the cruelty of Isis – but all too little about who they are

Now Obama has seen the next US reporter to be threatened with beheading, will he blink, asks Robert Fisk
Neanderthals lived alongside humans for centuries, latest study shows

Final resting place of our Neanderthal neighbours revealed

Bones dated to 40,000 years ago show species may have died out in Belgium species co-existed
Scottish independence: The new Scots who hold fate of the UK in their hands

The new Scots who hold fate of the UK in their hands

Scotland’s immigrants are as passionate about the future of their adopted nation as anyone else
Britain's ugliest buildings: Which monstrosities should be nominated for the Dead Prize?

Blight club: Britain's ugliest buildings

Following the architect Cameron Sinclair's introduction of the Dead Prize, an award for ugly buildings, John Rentoul reflects on some of the biggest blots on the UK landscape
eBay's enduring appeal: Online auction site is still the UK's most popular e-commerce retailer

eBay's enduring appeal

The online auction site is still the UK's most popular e-commerce site
Culture Minister Ed Vaizey: ‘lack of ethnic minority and black faces on TV is weird’

'Lack of ethnic minority and black faces on TV is weird'

Culture Minister Ed Vaizey calls for immediate action to address the problem
Artist Olafur Eliasson's latest large-scale works are inspired by the paintings of JMW Turner

Magic circles: Artist Olafur Eliasson

Eliasson's works will go alongside a new exhibition of JMW Turner at Tate Britain. He tells Jay Merrick why the paintings of his hero are ripe for reinvention
Josephine Dickinson: 'A cochlear implant helped me to discover a new world of sound'

Josephine Dickinson: 'How I discovered a new world of sound'

After going deaf as a child, musician and poet Josephine Dickinson made do with a hearing aid for five decades. Then she had a cochlear implant - and everything changed
Greggs Google fail: Was the bakery's response to its logo mishap a stroke of marketing genius?

Greggs gives lesson in crisis management

After a mishap with their logo, high street staple Greggs went viral this week. But, as Simon Usborne discovers, their social media response was anything but half baked
Matthew McConaughey has been singing the praises of bumbags (shame he doesn't know how to wear one)

Matthew McConaughey sings the praises of bumbags

Shame he doesn't know how to wear one. Harriet Walker explains the dos and don'ts of fanny packs
7 best quadcopters and drones

Flying fun: 7 best quadcopters and drones

From state of the art devices with stabilised cameras to mini gadgets that can soar around the home, we take some flying objects for a spin
Joey Barton: ‘I’ve been guilty of getting a bit irate’

Joey Barton: ‘I’ve been guilty of getting a bit irate’

The midfielder returned to the Premier League after two years last weekend. The controversial character had much to discuss after his first game back
Andy Murray: I quit while I’m ahead too often

Andy Murray: I quit while I’m ahead too often

British No 1 knows his consistency as well as his fitness needs working on as he prepares for the US Open after a ‘very, very up and down’ year
Ferguson: In the heartlands of America, a descent into madness

A descent into madness in America's heartlands

David Usborne arrived in Ferguson, Missouri to be greeted by a scene more redolent of Gaza and Afghanistan
BBC’s filming of raid at Sir Cliff’s home ‘may be result of corruption’

BBC faces corruption allegation over its Sir Cliff police raid coverage

Reporter’s relationship with police under scrutiny as DG is summoned by MPs to explain extensive live broadcast of swoop on singer’s home